Common use of Damages Upon Termination Clause in Contracts

Damages Upon Termination. If Landlord terminates this Lease, at Landlord's option, Tenant shall be liable for and shall pay to Landlord the sum of all rental and other payments owed to Landlord hereunder accrued to the date of such termination, plus, as liquidated damages, an amount equal to (1) the present value of the total rental and other payments owed hereunder for the remaining portion of the Lease term discounted at the rate of eight percent (8%) per annum, calculated as if such term expired on the date set forth in paragraph 1, less (2) the present value of the then fair market rental for the Premises for such period discounted at the rate of eight percent (8%) per annum.

Appears in 2 contracts

Samples: Lease Agreement (Xetel Corp), Lease Agreement (Xetel Corp)

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Damages Upon Termination. If Landlord terminates this Lease, Lease at ------------------------ Landlord's option, Tenant shall be liable for and shall pay to Landlord the sum of all rental and other payments owed to Landlord hereunder accrued to the date of such termination, plus, as liquidated damages, an amount equal to the positive difference, if any, of (1i) the present value calculated at an interest rate of ten percent (10%) of the total rental and other payments owed hereunder for the remaining portion of the Lease term discounted at the rate of eight percent (8%) per annumterm, calculated as if such term expired on the date set forth in paragraph Paragraph 1, less (2ii) the present value calculated at an interest rate of ten percent (10%) of the then fair market rental for the Premises for such period discounted at the rate of eight percent (8%) per annumperiod.

Appears in 1 contract

Samples: Lease Agreement (Active Power Inc)

Damages Upon Termination. If Landlord terminates this Lease, Lease at Landlord's ’s option, Tenant shall be liable for and shall pay to Landlord the sum of all rental and other payments owed to Landlord hereunder accrued to the date of such termination, plus, as liquidated damages, an amount equal to (1i) the present value of the total rental and other payments owed hereunder for the remaining portion of the Lease term discounted at the rate of eight percent (8%) per annumterm, calculated as if such term expired on the date set forth in paragraph Paragraph 1, less (2ii) the present value of the then fair market rental for the Premises for such period discounted at the rate of eight percent (8%) per annumperiod.

Appears in 1 contract

Samples: Lease Agreement (DJO Finance LLC)

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Damages Upon Termination. If Landlord terminates this Lease, Lease at Landlord's option, Tenant shall be liable for and shall pay to Landlord the sum of all rental and other payments owed to Landlord hereunder accrued to the date of such termination, plus, as liquidated damages, an amount equal to (1i) the present value of the total rental and other payments owed hereunder for the remaining portion of the Lease term discounted at the term, calculated using a discount rate of eight eleven percent (811%) per annum, calculated and as if such term expired on the date set forth in paragraph Paragraph 1, less (2ii) the present value of the then fair market rental for the Premises for such period discounted at the period, using a discount rate of eight eleven percent (811%) per annum.

Appears in 1 contract

Samples: Lease Agreement (Photon Dynamics Inc)

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